Mississippi Governor Tate Reeves signed House Bill 1662 into law before the April 13, 2026 deadline, making Mississippi the sixth state to adopt a rebuttable presumption of equal (50/50) parenting time. Effective July 1, 2026, chancery courts must begin every contested custody case at a 50-50 split unless a parent proves by a preponderance of the evidence that an unequal schedule better serves the child's best interest.
Key Facts
| Item | Detail |
|---|---|
| What happened | Gov. Tate Reeves signed HB 1662 into law |
| When signed | Before April 13, 2026 gubernatorial deadline |
| Effective date | July 1, 2026 |
| Jurisdiction | Mississippi (all 82 counties, chancery courts) |
| Key statute affected | Miss. Code Ann. § 93-5-24 (child custody) |
| National context | 6th state to adopt rebuttable 50/50 presumption |
| Burden shift | Parent seeking unequal time must rebut the presumption |
Why This Matters Legally
HB 1662 fundamentally changes the starting point of every contested custody case filed in a Mississippi chancery court on or after July 1, 2026. Before this bill, Mississippi followed the multi-factor Albright v. Albright, 437 So. 2d 1003 (Miss. 1983) analysis with no presumption in favor of either parent or any particular schedule. Starting July 1, the court's default calculation begins at 50-50 parenting time, and the parent asking for anything less must carry the burden of proof.
This is a burden-shifting statute, not an automatic-award statute. Judges retain discretion to deviate from 50-50 when one parent introduces credible evidence — for example, documented domestic violence, substance abuse findings, geographic distance between homes, or a child's established medical or educational needs. The Albright factors still apply as the evidentiary framework, but they now operate as rebuttal evidence rather than as the primary analysis. For Mississippi families, the practical effect is that a parent who previously relied on the status quo of a primary-custodial schedule must now affirmatively justify that schedule in court.
How Mississippi Law Handles This
Mississippi's existing custody scheme lives primarily in Miss. Code Ann. § 93-5-24, which authorizes joint legal custody, joint physical custody, sole custody, or any combination that serves the child's best interest. The statute has historically left the time-split question open, with chancellors applying the 12 Albright factors (age, health, parenting skills, stability of home, employment, moral fitness, continuity of care, and others) to determine the appropriate schedule.
HB 1662 inserts a rebuttable presumption in favor of equal parenting time into that existing framework. Under Miss. Code Ann. § 93-5-23 (divorce custody determinations) and Miss. Code Ann. § 93-11-65 (custody proceedings between unmarried parents), the chancellor's first step will now be to enter the 50-50 presumption. A parent rebutting the presumption must present specific, admissible evidence that unequal time serves the child's best interest — generalized preferences or past status-quo arrangements alone are insufficient.
Two transitional rules matter. First, cases filed before July 1, 2026 proceed under existing law, without the new presumption. Second, existing custody orders do not change automatically. A parent who wants to modify an order issued before July 1 must file a modification petition under Miss. Code Ann. § 93-5-24(6) and prove both a material change in circumstances and that modification serves the child's best interest. The new 50-50 presumption does not, by itself, constitute a material change sufficient to reopen a closed case.
Mississippi joins Kentucky, Arkansas, West Virginia, Florida, and Arizona as the sixth state with a statutory presumption of equal parenting time. The full bill text and legislative history are available at the Mississippi Legislature bill status system.
Practical Takeaways
- If you plan to file for divorce or custody in Mississippi, the timing of your filing matters. Cases filed on June 30, 2026 or earlier proceed under pre-existing law; cases filed July 1, 2026 or later begin with the 50-50 presumption. Discuss filing strategy with an attorney before July 1.
- If you currently have a custody order and want to move toward (or away from) 50-50, you must file a modification petition under Miss. Code Ann. § 93-5-24(6) and plead a material change in circumstances. HB 1662 itself is not a material change.
- Start documenting your parenting involvement now — school pickup logs, medical appointments, extracurricular attendance, and overnight counts. Under the new presumption, the parent seeking unequal time bears the evidentiary burden, and contemporaneous records carry more weight than testimony alone.
- If domestic violence, substance abuse, or child safety concerns exist in your case, gather supporting documentation (protective orders, police reports, CPS records, treatment records). These remain the strongest rebuttal evidence under the Albright framework.
- Review your child support posture. Mississippi calculates support under Miss. Code Ann. § 43-19-101, which uses a percentage-of-income model. Equal parenting time does not automatically eliminate a support obligation, but chancellors increasingly deviate from the guideline percentages when overnights are equal.
FAQs
Does HB 1662 automatically change my existing custody order?
No. HB 1662 applies prospectively to cases filed on or after July 1, 2026. Existing custody orders remain in full force. To change an existing order, you must file a modification petition under Miss. Code Ann. § 93-5-24(6) and prove a material change in circumstances plus best-interest justification.
What does "rebuttable presumption" mean in Mississippi custody cases?
A rebuttable presumption means the chancellor starts at 50-50 parenting time and the parent seeking a different split must prove by a preponderance of the evidence that unequal time better serves the child. Under HB 1662 effective July 1, 2026, the Albright factors become rebuttal evidence rather than the starting analysis.
Does equal parenting time eliminate child support in Mississippi?
No. Mississippi calculates child support under Miss. Code Ann. § 43-19-101 using fixed percentages of adjusted gross income (14% for one child, 20% for two, 22% for three). Equal parenting time is a recognized basis for the chancellor to deviate from the guideline, but support is not automatically eliminated.
Which Mississippi counties does HB 1662 apply to?
HB 1662 applies in all 82 Mississippi counties. Custody cases in Mississippi are heard in chancery court — the state's 20 chancery court districts all follow the same statutory framework. The presumption takes effect July 1, 2026 statewide, with no county-level carve-outs.
What evidence rebuts the 50/50 presumption under HB 1662?
Credible evidence of domestic violence, substance abuse, child abuse or neglect, serious mental illness, significant geographic distance between homes, or a child's documented medical or educational needs can rebut the presumption. Protective orders, police reports, CPS findings, and treatment records carry the most weight under the Albright factors.
Next Steps
If you have questions about how HB 1662 affects a pending divorce, a planned filing, or an existing custody order in Mississippi, consider speaking with a Mississippi family law attorney before July 1, 2026. Timing, documentation, and the choice between filing and modifying can materially affect your case under the new law.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.